Mauritian national joining british Wife

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  • #21313
    sharonk
    Participant

    We have a British claimant with standard HB in payment who married a Mauritian national February 2007 who then joined her in April 2007.

    DWP have issued Mr with a NINO but on HO documentation I read, although a Mauritian can live in the UK with a visa he/she would have no recourse to public funds.

    Q1. Even though he is allowed to stay with a visa (but no recourse to public funds) does the fact that he has married a British national override the rules and can we continue to pay HB with him as excluded without further information – i.e. Should we be checking his papers and health insurance?

    Q2. Is he contravening his right to stay here by living in a property that is paid for by HB and are other authorities reporting such persons to the HO?

    Sharon Kahan

    #4976
    markp
    Participant

    I take it, from your post, your claimant has had “lawful” right to HB all along.

    If that is the case then there is no problem with his wife joining the household as there is only one HB claimant and he satisfies the condition for HB to be awarded.

    If she were to become the claimant, however, then you may hit problems.

    Got partners wrong way round but the essence is still the same!!!

    Do I know what I'm doing? The jury's out on that........................

    #4977
    sharonk
    Participant

    Thanks Mark

    Are you confirming that we can add him to the claim but as excluded?

    #4978
    Anonymous
    Guest

    If I have read your original post right it is Mrs who is the British national and an existing HB award. Mr is the Mauritian who has now joined the household and he has been issued with a NINO.

    You amend the award to treat them as a couple. Since Mrs is entitled to HB and has a partner in the household she cannot be treated as a single person.

    #4979
    sharonk
    Participant

    Thanks Andy

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